News of legislation
489)
[24.02.2009]
The procedure for issuing licenses for import to Ukraine of raw sugar from cane in the tariff quota
Decree of the Ministry of Economy of Ukraine «About the procedure for issuing licenses for import to Ukraine of raw sugar from cane in the tariff quota» dated 20.01.2009 № 15, which came into force on 20.02.2009 year, approved:
- Regulation on the procedure for issuing licenses for import to Ukraine of raw sugar from cane in the tariff quota, which determines the acceptance of applications for such licenses to proceedings before the Ministry of Economy and order processing and issuing of these licenses. Regulations apply to all subjects of foreign economic activity, regardless of ownership.
- The form of application for licenses for importation to Ukraine of raw sugar from sugar cane within the tariff quotas and instructions on its completion
[24.02.2009]
Changes to some decrees of the State Customs Service of Ukraine
17.02.2009 year the decree came into force on the State Customs Service of Ukraine dated 24.12.2008 № 1454, which made the following changes:
1. Order of the decision on the customs clearance of goods and vehicles away from the location of the customs body or in non-working hours, which is set for the customs authorities, as well as calculation and payment of such customs clearance outlined in the new edition, according to which:
Charges for customs clearance charges:
- By CCD:
for customs clearance of goods and vehicles on the CCD, which is processed in the usual manner;
which was issued after customs clearance of goods and vehicles on a periodic customs declaration;
which was issued after customs clearance of goods and vehicles to the general cargo customs declaration.
- On a unified customs receipts CD-1:
for customs clearance of goods and vehicles on the CCD, which is designed after the customs clearance for temporary or incomplete declaration;
in the case of operations, customs clearance, which do not include the filling of the CCD.
Payment of funds is carried out to payers / or at the time of customs clearance of goods and vehicles.
In the case of customs clearance for several CCD (receipts CD-1) according to a written application fee, there is a CCD (receipts CD-1).
Customs clearance of humanitarian assistance, which is imported into the customs territory of Ukraine according to the Law «On the humanitarian aid» and goods that move according to the Law «About the transit of goods», carried out without totalling above board.2. Appropriate changes have been made also to the instructions on the organization of customs control and customs clearance of express shipments that are sent through the customs border of Ukraine and the instructions on the procedure for payment of excise duty in case of import of goods the exporter to the customs territory of Ukraine.
3. Recognized so that the lost reality decree the State Customs Service of Ukraine dated 23.06.1998 № 363 «About approval of the payment of customs fees that are charged on a cargo customs declaration».
[24.02.2009]
Changes to the Law of Ukraine «About the state registration of legal persons and natural persons - entrepreneurs»
The Supreme Council of the Law of Ukraine № 913-VI dated 04.02.2009 year introduced revisions to the Law «About the state registration of legal persons and natural persons - entrepreneurs», which from a list of organizations, registered by the Ministry of Justice carries out the Ukraine and its territorial bodies, excluded exchanges. The Law comes into force on the date of publication.
[16.02.2009]
Changes to the tax reporting of value-added tax
Decree of the State Tax Administration of Ukraine №8 of 21.01.2009 year, which came into force on 10.02.2009 year, was made changes to the form of tax return of value-added tax, and Enclosure 1 to the tax return of value-added tax and declaration form of Value Added Tax (abridged) is expounded in the new edition. It was also made changes to Order filling and presenting of tax return declaration of value-added tax, which was approved by Decree of the State Tax Administration of Ukraine № 166 of 30.05.1997 year.
[16.02.2009]
Changes to the Temporary Provision on the procedure for state registration of real estate ownership
06.02.2009 year the Ministry of Justice Decree № 86/5 of 22.01.2009 year came into force, which made changes to the Temporary Provision on the procedure for registration of real estate ownership. According to the introduced changes: will be liable to state registration of facilities which aren’t coupled between the foundation and the ground; information sheet from the Register of real estate ownership will not contain data about the value of such property; extract from the Register of real estate will contain data about the imposition of the ban on the property; local executive authorities would not be entitled to issue certificates of real estate ownership.
In addition, from the list of title documents based on those, a registration of real estate ownership objects is conducting, excluded:
- Acts of denationalization (demunicipalization) facilities;
- Extract from a notarized contract, which drawn up between the housing cooperative or its member and local executive authorities about the termless use of allocated land and about the construction of apartment building with the ownership to a separate flat;
- Comradely court decision about the allocation of the assets of former kolkhoz
[10.02.2009]
The values of tax of the mandatory state pension insurance, which are converting by banks, changed
With the help of Resolution of the Cabinet of Ministers of Ukraine «About modification to the procedure for payment of tax of the mandatory state pension insurance with certain types of business transactions» of 28.01.2009 № 39 from 03.02.2009 year is reduced the tax from 0,5 to 0,2 per cent of the operations’ amount of purchasing of foreign currency transactions (Clause 3 of the Order), purchasing and selling of non-cash foreign currency transactions for hryvnya (Clause 4 of the Order).
[10.02.2009]
Licensing of export in 2009
Followed by standards ordinance of KMU of 27.12.2008 № 1123 «About approving the list of goods, export and import of those are subject to licensing, and the volume of quotas in 2009,» defined goods, export and import of those are subject to licensing.
On realization of this decree the Ministry of Economy with the help of Order «About the procedure of licensing the export of goods in 2009» of 31.12.2008 № 933, which came into force on 01.02.2009, approved:
- Provisions about the procedure of licensing the export of goods in 2009;
- The form of license for exporting of goods and instruction on filling it;
- Application for obtaining license to export goods and instruction on filling it.
The licensing division is carried out non-tariff regulation department of state control and regulation of foreign economic activities or, within the limits of the conferred powers, by the authorized agency of AR Crimea, the relevant parts of the regional, Kyiv and Sevastopol city state administrations.
License is issued with expiration date in accordance with the terms of foreign economic agreement (contract) and is valid for the custom’s clearance of goods during this period, but not later than 31.12.2009, if only otherwise is not stipulated by the legislation of Ukraine. Import of goods under the license can be carried out by individual parties.
[10.02.2009]
Changes to Regulation of the small-retail trading network
03.02.2009 entered into force on Order of the Ministry of Economy of Ukraine № 911 of 24.12.2008 «About changes to Regulation of the small-retail trading network», in accordance with the deployment of small-retail trading network items making the subject of economic activity in accordance with the requirements of the Land Code and legislation about the improvement of human settlements, planning and building areas, sanitary and epidemiological welfare of population, fire protection, state road-police and public architecture. Employee of small-retail trading network item must preserve a copy of permission to trade in the provided space and licenses. In addition, they were excluded the rule, which gave local authorities the right to revoke permission for the placing of trade item in the case of systematic violation of workers trading network items of requirements in the area of small-retail trading or on the basis of informed written complaints of consumers.
[02.02.2009]
Natural persons - businessmen acquired a right to be payers of single tax and value added tax simultaneously
28.01.2009 year at web-site of Council of businessmen of the Cabinet of Ministers of Ukraine was appeared the announcement that Government has made the decision about abrogation of enactment of Cabinet of Ministers of Ukraine of 20.12.2008 year №1118 “About alteration of enactment of Cabinet of Ministers of Ukraine of 16.03.2000 year №507”, that deprived subjects of small-scale business – natural persons of their rights to be payers of value added tax, who chosen reductive system of taxation.
[02.02.2009]
Changes of legislation concerning decrease of world financial crisis influence on sphere of population employment
13.01.2009 year took effect the law of Ukraine “About alteration to some laws of Ukraine concerning decrease of world financial crisis’ influence on sphere of population employment” № 799-VI of 25.12.2008 year (further – LOU №799), that made alterations of law of Ukraine “About population employment” (further – LOU №803), of law of Ukraine “About obligatory state social insurance in case of unemployment” (further – LOU №1533), of law of Ukraine “About contribution rates on some kinds of obligatory state social insurance” (further – LOU №2213) and of law of Ukraine “About insurance rates of obligatory state social insurance for work accident and occupational disease that served loss of efficiency” (further – LOU №2272).
On LOU №1533 was made following alterations:
-
was extended list of persons that liable to insurance (persons that do the work according to civil- and legal consents; military personnel except those who are in service for a fixed period; to 01.01.2011 – working retirees, foreigners and stateless persons);
-
military units that avowed by insurance agencies;
-
insurance contributions need to transfer when getting (transferring) funds on remuneration of labour (per day of getting the funds);
-
persons who are redundant by mutual consent (as in persons who leaved the service at their requests) will be get the dole since 91st calendar day after the registration at placement service, and length of dole payment for such persons has curtailed during the period to 90 calendar days;
-
well-defined categories of help are entitled to get the dole of partial unemployment ( will be act from 01.01.2009 year till 01.01.2010 year);
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was extended list of arguments for abeyance of dole payment in case of unemployment.
In LOU №803 were changed the regulations concerning to:
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meaning of appropriate job;
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list of jobs, for which the unemployed recruit ( meaning of national stipendiary public works is appeared);
-
amount of fine for use the foreigners’ and stateless persons’ labour without permit for their job-placement ( was increased up to 20 minimum wages for a person who placed in a job).
In compliance with alterations, that were made in LOU №2213 and LOU №2272, other rates of insurance contributions are functioning:
-
Fund of temporary disability – 1,4% for employers ( previous 1,5%);
-
Fund of unemployment – 1,6% for employers (previous 1,3%), 0,6% for employees (previous 0,5%);
-
Fund of work accidents – rates were decreased to 0,1%.
Funds of social insurance rendered interpretations on issues of payment sequence of insurance contributions during January 2009, in compliance with them insurance contributions are contained and settled according to previous rates in a time from 01.01.2009 year to 13.01.2009 year, and in a time from 13.01.2009 year – according to new rates ( Letter of the social insurance fund of work accidents №96-09 of 16.01.2009 year; Letter of the social insurance fund of temporary disability №01-16-74 of 19.01.2009 year; Letter of State employment office № SO-03-227/0/6-09 of 19.01.2009 year).
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